The continued persecution and discrimination against Indigenous Peoples in Maricopa County, Arizona including exclusion from the procedures of investigation and remedy involving racial profiling currently under way in Maricopa County by the US Justice Department.

It has come to our attention via
reports in the media today that the department of Immigration and Customs
Enforcement (ICE) will be opening up an office of community ombudsman to
address issues of concern by the public relevant to the scope of law
enforcement policies and operations of the agency.

We were also informed this
morning that officials of the Justice Department are meeting with community
leaders and organizations to discuss the current status of the US Justice
Department Letter of Findings
regarding the investigation of the office of the Maricopa County Sheriff, J. Arpaio.

The long march in defense of
civil rights for All Peoples which
began with the dismantling of discriminatory racial profiling practices that
benefited the European American "white" constituencies with ethnic
preferences in electoral, educational, economic, and legal systems has many
chapters, but it begins with the basic recognition of universal Human Dignity
and compassion.

The crossing of the Edmund Pettus bridge and the anguish of
Bloody Sunday on March 7, 1965 are
significant mileposts in this journey, and must be recalled now to
contextualize the actions of yet another Sheriff in yet another state, for as
Martin Luther King said after Selma in 1967 and before his assassination in
1968: "We have emerged from the era
of Civil Rights to the Era of Human Rights."

Human Rights are inherent. The United States of North America is a
signatory of the United Nations
Universal Declaration of Human Rights. These two facts are realities that must be brought to bear
to evaluate the scope of the issues mentioned at the beginning of the
memorandum, but there is more.

On September 13, 2007 the United
Nations General Assembly adopted the Declaration
on the Rights of Indigenous Peoples.
The US was one of four governments that opposed the declaration
including the anglophile states of Canada, Australia, and New Zealand who as
derivatives, represent immigrant sovereignties that are residuals of the
colonies of the British Empire.

Governor George Wallace of
Alabama and Sheriff Clark of Selma also opposed the tides of justice, and in
the name of the "Rule of Law" committed acts of atrocity and
brutality that have left lasting wounds on the visage of the concept of America
as "Land of the Free".

Therefore, in light of the fact
that the issues of racial profiling and discriminatory policing that have begun
to be addressed in the US Justice Department Letter of Findings regarding the
Maricopa County Sheriff's office and the Melendrez vs. Arpaio decision by the US
Court of Justice HAVE NOT mentioned
the systematic practices of racial profiling against Indigenous Peoples in particular as fundamental to the overall
violations of Civil Rights, Human
Rights, and Indigenous Rights within the scope of law enforcement operations
in Maricopa County:

We now request a meeting on the
ground with the representatives of your department to discuss and explore
venues to address this ongoing and pervasive pogrom of "ethnic
cleansing" under the guise of the "Rule of Law."

Please contact me at your
convenience to discuss this proposal.

Sincerely,

Tupac Enrique Acosta. Yaotachcauh

Tlahtokan Nahuacalli

TONATIERRA

*******

"Stopping Mexicans to make sure they are legal is not racist. If you have dark skin, you have dark
skin! Unfortunately, that is the look of the Mexican illegal."

Thursday, April 5, 2012

When the United Nations passed
General Assembly resolution 1514 in 1960, declaring “All peoples have the right
of self determination”, one of the arguments put forward by the member states
of the UN was to clothe the concept of territorial integrity of the states
themselves as being protected under the same principle. In fact, section 6 of the same
resolution GA1514 states:

“Any attempt aimed at the partial
or total disruption of the national unity and the territorial integrity of a
country is incompatible with the purposes and principles of the Charter of the
United Nations.”

In essence, these two statements
from the seminal document that made colonization a crime for the first time in
international law established an inherent conflict in the UN processes that
now, half a century later, have come to a definitive point in terms of
historical resolution.

Nowhere is this more evident than by the blatant efforts by the anglophile bloc of government
states (US-Canada-New Zealand-Australia) to block the full recognition of the
Right of Self Determination in the UN Declaration on the Rights of Indigenous
Peoples. The position of these government
states is an attempt to place the right of self-determination of Indigenous
Peoples as existing only within the parameters of domestic policy and legal
systems, even though these same systems are products of colonization itself.

World Water One

www.www.www

The political arguments on both
sides of the issue are in conflict, not just because of the doctrines of power
that gave birth to the concepts of dominion which define the states and the
social relations of their member constituencies, but also because the framework
for resolution of the issues within the UN system is incompetent to address the
spirituality of the earth based territorial reality of the Indigenous Nations,
and the system itself is incoherent according to the geographic sciences of
modern times.

What is lacking is a mechanism to
define the issues in common terms, outside of the intellectual framework of
colonization and dominion. What is missing is a clarification of the concept of
territorial integrity, as a
dimension of ecological and social sustainability and not a bastard relic from
the intellectual Regime of Doctrines spawned by the Divine Right of Kings.

Emergence of the Fourth Principle

GA 1514 was followed by GA1541,
which specified principles that defined three options for the attainment of “a
full measure of self-government”, as the only contemplated political
trajectories at the time for relief
from colonization. These are:

(a)Emergence as a sovereign independent State;

(b)Free association with an independent state; or

(c)Integration with an independent state.

It is an incontrovertible fact
that the transfer of territorial jurisdiction from Indigenous Nations
authorities to dominion concepts of control and allegiance by the states is
historically flawed and legally suspect.
There are unquantifiable elements. The case of the Western Shoshone is contemporary evidence that this is not just
history but reality in the context of the hemisphere of the Americas, yet there
is a larger issue.

The social and geographic
realities of the Indigenous Peoples as Nations continue to exist as a political
anomaly in terms of the international legal system of the United Nations. Specifically, in this hemisphere of
Abya Yala [the Americas] not only is this true in the face of centuries of
colonization but also in terms of the options for relief from the crime.

Self definition being the precept
of self determination, the three options of GA 1541 do not adequately describe
the outcome of principles of self-determination which would define the
Indigenous Peoples and our continuing relationship to our ancestral territories
and surviving traditional societies.

The Emergence of the Indigenous
Nations is a daily occurrence, one which is manifested in accord with natural
laws of complementarity and harmony with the natural world, which includes our
fellow human beings. This ancient
tradition is the shared cultural infrastructure of our confederations of
families, clans, communities Pueblos and Nations. It could be characterized as
a State of Integrity, which is not independent but interdependent within the
network of ecosystems that describe our traditional homelands, sacred sites,
territories and nations.

Thus the Emergence of the Fourth Principle for decolonization: INTERDEPENDENCE, self-determination as an expression of community ecology and environmental
sustainability. It is a particular and universal principle that may serve as a
threshold concept to arrive at that ancient place once called the New World, if
only we could create and travel guided by maps of the geography of
self-determination.

As Peoples of Mother Earth, we collectively determine to
regenerate our relationships among ourselves within a Cultural Climate of
Mutual Respect, Inclusion, Complementarity, and Self Determination beyond the
existing constrains of the international systems of state sovereignty and in
responsibility to the well being of the future generations;

Recognizing that unless this fundamental dimension of
international relationships among human societies at the planetary level is
first recognized, established and affirmed, there will be no sustainable
progress in addressing effectively and in timely manner the Climate Chaos
scenario that now befalls all of Humanity due to the impacts on Global Climate
exacerbated greenhouse gas emissions by industrial society and extractive
industries in particular in complicity with national government states and
existing international monetary systems and institutions.

Therefore we proclaim and hereby reaffirm in collective
Responsibility as Peoples of Mother Earth, in Equality with all Peoples, our
collective Right of Representation and Self Determination in addressing the
issues before the COP20 beyond the constraints of the architecture of the
States and their agreements;

We further affirm and proclaim in Full, Effective, and Complete
exercise of our equally shared Right of Self Determination as Peoples of Mother
Earth, that our Sacred Mother Earth is subject of the Right of Self
Determination beyond the limited juridical constraints of the Westphalian
System of State Sovereignty represented in UN system and the international
architectures of personality and procedures of negotiation and agreements.

2. Selection of Chairpersons (Co-Chairs fluent in Spanish and English)

3. Acceptance of Agenda

4. Permanent Forum Agenda:

PF 3. Doctrine of DiscoveryInclusion of indigenous peoples’ human rights in national constitutionsStudy of good practices in the Artic Combating violence against Indigenous women

PF 4. Human rights:(a) Implementation of the UN Declaration on the Rights of Indigenous Peoples;(b) Dialogue with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and other United Nations human rights mechanisms.

PF 5. Comprehensive dialogue with United Nations agencies and funds including WIPO.

PF 6. Rights of indigenous peoples to food and food sovereignty Shifting cultivation and the sociocultural integrity of indigenous peoples